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Home My Public Portal AboutORD 268-08-21_Basement Rentals_08172021ORDINANCE NO. 268-08-21 Inslrumenl ~ 1696796 Bonneville Countyi Idaho Falls, Idaho 08/18/2021 01:58:~5 PM No. of Pages : 3 Recorded for : CITY OF IONA z Penny Manning Fee : $0 .00 ~ V' Ex-Officio Recorder Deputy _____ ----------------· Index to : ORDINANCE AN ORDINANCE OF THE CITY OF IONA, IDAHO; AMENDING SECTION 11 -4-3 OF THE IONA CITY CODE; SPECIFYING TERMS FOR CONDITIONAL USES IN R-1 ZONES; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA , IDAHO THAT: Section 1. Amendment of Section 11 -4-3 of the Iona City Code. Section 11 -4-3 of the Iona City Code is amended as follows: 11-4 -3: CONDITIONAL USES. (A) The City may , after notice and public hearing pursuant to Chapter 8 of this Title, permit the uses specified below, where such uses are deemed essential or desirable to the public convenience or welfare. On all conditional use permit applications, the City shall have the discretion to require an impact statement to assess the impact of the proposed conditional use upon surrounding properties and upon city services and infrastructure. The City may impose such conditions and safeguards , as it deems necessary to protect the best interests of the surrounding property or neighborhood and city services or infrastructure from damage, hazard, nuisance or other detriment. (B) The following conditional uses are permitted in the R-1 zone: (1) Churches. (2) Public facilities such as schools , parks and playgrounds, utility facilities and other municipal uses. (3) Temporary buildings for construction purposes for a period not to exceed one (1) year. (4) Nursery school or Day Care facilities. (5) Cemeteries. ( 6) Greenhouses. (7) Residential occupancies located in the basement of an existing residential structure , provided the following conditions are met: (a) (b) The owner of the property (or, in the case of an entity owning the property, an owner of the entity; or, in the case of a trust, an individual who is a beneficiary of the trust) must actually reside in the residential structure on the property. The basement occupancy has a kitchen, bathroom and bathing and sleeping facilities separate from the main floor occupancy. (~) The basement occupanc y has no more than two bedrooms. ( eg) The residential lot has off-street vehicular parking facilities for at least three f3t motor vehicles , all of which are actually usable and available for vehicles to park in (and maintained as available throughout the conditional use as a basement residential occupancy) and at least 1 of which is actually usable and available for the basement residential occupants to use throughout the conditional use as a basement residential occupancy. (~) The basement dwelling is fully compliant with the International Building Code for residential occupancies , as the same currently exists or as may be amended hereafter. (et) No home occupation 1s conducted within the mam floor or basement dwelling. (fg) The basement occupancy has a water service line separate and independent from the water service line for the main floor occupancy. (8) Service Home Occupations and Merchandising Home Occupations, each as defined in this Title and subject to the restrictions of Chapter 11 of this Title. Section 2. Methodology. Text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section, and text that is stricken through means text that is being deleted from the former Ordinance or Code Section. Text that is moved from one location in the former Ordinance or Code Section to another location is similarly shown as underlined text, being stricken through in its prior position. Section 3. Preservation of Prior Ordinance. The sections of the Iona City Code repealed and/or amended by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution, punishment, and indebtedness of any person who violates such provisions prior to the effective date hereof. Section 4. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 5. Effective Date. This Ordinance shall become effective upon its passage , execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this I J:~day of ~M&t ,2021. ATTEST : Keri West City Clerk STATE OF IDAHO County of Bonneville ) )ss. ) Mayor I , KERI WEST, CITY CLERK OF THE CITY OF IONA, IDAHO , DO HEREBY CERTIFY: That the above and foregoing is a full , true and correct copy of the Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA , IDAHO; AMENDING SECTION 11-4-3 OF THE IONA CITY CODE ; SPECIFYING TERMS FOR CONDITIONAL USES IN R-1 ZONES; PROVIDING METHODOLOGY; PRESERVING PRIOR ORDINANCES IN EACH INSTANCE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE." Keri West City Clerk \\Law\data\WPDATA\DARl_l Pend ing\2708-2021 City of lona\ORDINANCES\Condtl Use Basement Apt ORD vOl .docx _ ... "